Is The Insurance Mandate Constitutional?
Not so, according to the Heritage:
Yet, the mandate to purchase health insurance is not proposed as a means to the regulation of interstate commerce; nor does it regulate or prohibit activity in either the health insurance or health care industry. Indeed, the health care mandate does not purport to regulate or prohibit activity of any kind, whether economic or noneconomic. By its own plain terms, the individual mandate provision regulates no action. To the contrary, it purports to “regulate” inactivity by converting the inactivity of not buying insurance into commercial activity. Proponents of the individual mandate are contending that, under its power to “regulate commerce…among the several states,” Congress may reach the doing of nothing at all!
When Nancy Pelosi was asked a question by a reporter whether the act of compelling Americans to buy insurance, she queried back, “Are you serious?” twice and deflected the question. I don’t think she knew the answer personally, but her office responded on their website:
“The 10th amendment to the U.S. Constitution states that the powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states … or to the people. But the Constitution gives Congress broad power to regulate activities that have an effect on interstate commerce. Congress has used this authority to regulate many aspects of American life, from labor relations to education to health care to agricultural production. Since virtually every aspect of the heath care system has an effect on interstate commerce, the power of Congress to regulate health care is essentially unlimited.”
Now, if we go according to the Speaker’s interpretation of the Commerce Clause there is no end to what the government can regulate. This is the conclusion that the Heritage Foundation came to when investigating the question of whether the Constitution authorizes the individual mandate:
“If Congress can mandate this, then it can mandate anything. Congress could require every American to buy a new Chevy Impala every year, or a pay a “tax” equivalent to its blue book value, because such purchases would stimulate commerce and help repay government loans. Congress could also require all Americans to buy a certain amount of wheat bread annually to subsidize farmers.”
If the individual mandate is a constitutional act then this country ceases being a Free Republic and will morph into a pseudo-communist state. This is but one of the many reasons why Obamacare should be defeated: giving the government this kind of power was never meant by the Founders and even sensible liberals can agree on this.